Appeal No. 2004-0049 Page 11
Application No. 10/047,626
A golf ball according to claim 14 wherein the non-ionomeric elastomer is a
polyurethane.
Thus, claim 18 requires a golf ball comprising: a core; an inner cover layer
molded on said core, the inner cover layer comprising a high acid ionomer including at
least 16 % by weight of an alpha, beta-unsaturated carboxylic acid; and an outer cover
layer molded on said inner cover layer, said outer cover layer comprising a relatively
soft polymeric material selected from the group consisting of low flexural modulus
ionomer resins and polyurethane.
The applied prior art of Nesbitt, Horiuchi and the appellant's disclosure renders
obvious the subject matter of claim 18 for the reasons set forth above with respect to
claim 14. In that regard, Nesbitt teaches an outer cover layer comprising a relatively
soft polymeric material selected from low flexural modulus ionomer resins (i.e., Surlyn®
1855 which is a zinc ion based low acid (10 weight percent methacrylic acid) ionomer
resin). Thus, there is no need for modifying the outer cover layer of Nesbitt to include
polyurethane.
For the reasons set forth above, the decision of the examiner to reject claim 18
under 35 U.S.C. § 103 is affirmed.3
3 Thus, we regard the examiner's application of the teachings of Isaac to be mere surplusage.
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